71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to HB 2394
LC 1539/HB 2394-4
HOUSE AMENDMENTS TO
HOUSE BILL 2394
By COMMITTEE ON JUDICIARY
May 16
On page 1 of the printed bill, line 2, after 'ORS' delete the
rest of the line and insert '426.074, 426.130 and 426.233.'.
On page 2, line 17, after 'pertinent' insert 'arrest or'.
On page 3, line 16, delete 'Department of State Police' and
insert 'Law Enforcement Data System'.
In line 18, after 'The' delete the rest of the line and insert
'Law Enforcement Data System'.
In line 19, delete 'partment' and after the second 'the '
insert 'terms and conditions for'.
In line 26, after 'sonnel' insert 'under the terms and
conditions of a user agreement adopted by rule by the Department
of State Police under ORS 181.730'.
After line 26, insert:
' { + SECTION 5. + } ORS 426.233 is amended to read:
' 426.233. (1)(a) A community mental health and developmental
disabilities program director operating under ORS 430.610 to
430.695 or a designee thereof, under authorization of a county
governing body, may take one of the actions listed in paragraph
(b) of this subsection when the community mental health and
developmental disabilities program director or designee has
probable cause to believe a person:
' (A) Is dangerous to self or to any other person and is in
need of immediate care, custody or treatment for mental illness;
or
' (B)(i) Is a mentally ill person placed on conditional release
under ORS 426.125, outpatient commitment under ORS 426.127 or
trial visit under ORS 426.273; and
' (ii) Is dangerous to self or to any other person or is unable
to provide for basic personal needs and is not receiving the care
that is necessary for health and safety and is in need of
immediate care, custody or treatment for mental illness.
' (b) The community mental health and developmental
disabilities program director or designee under the circumstances
set out in paragraph (a) of this subsection may:
' (A) Notify a peace officer to take the person into custody
and direct the officer to remove the person to a hospital or
nonhospital facility approved by the Mental Health and
Developmental Disability Services Division;
' (B) Authorize involuntary admission of, or, if already
admitted, cause to be involuntarily retained in a nonhospital
facility approved by the division, a person approved for care or
treatment at a nonhospital facility by a physician under ORS
426.232;
' (C) Notify a person authorized under subsection (3) of this
section to take the person into custody and direct the authorized
person to remove the person in custody to a hospital or
nonhospital facility approved by the Mental Health and
Developmental Disability Services Division;
' (D) Direct a person authorized under subsection (3) of this
section to transport a person in custody from a hospital or a
nonhospital facility approved by the division to another hospital
or nonhospital facility approved by the division as provided
under ORS 426.235; or
' (E) Direct a person authorized under subsection (3) of this
section to transport a person in custody from a facility approved
by the division to another facility approved by the division as
provided under ORS 426.060.
' { + (c) For purposes of making a probable cause
determination under this subsection, a community mental health
and developmental disabilities program director or a designee
thereof may have access to the Law Enforcement Data System. + }
' (2) A designee under subsection (1) of this section must be
recommended by the community mental health and developmental
disabilities program director, meet the standards established by
rule of the division and be approved by the county governing body
before assuming the authority permitted under subsection (1) of
this section.
' (3) The county governing body may, upon recommendation by the
community mental health and developmental disabilities program
director, authorize any person to provide custody and secure
transportation services for a person in custody under ORS
426.228. In authorizing a person under this subsection, the
county governing body shall grant the person the authority to do
the following:
' (a) Accept custody from a peace officer of a person in
custody under ORS 426.228;
' (b) Take custody of a person upon notification by the
community mental health and developmental disabilities program
director under the provisions of this section;
' (c) Remove a person in custody to an approved hospital or
nonhospital facility as directed by the community mental health
and developmental disabilities program director;
' (d) Transfer a person in custody to another person authorized
under this subsection or a peace officer;
' (e) Transfer a person in custody from a hospital or
nonhospital facility to another hospital facility or nonhospital
facility when directed to do so by the community mental health
and developmental disabilities program director; and
' (f) Retain a person in custody at the approved hospital or
nonhospital facility until a physician makes a determination
under ORS 426.232.
' (4) A person authorized under subsection (3) of this section
must be recommended by the community mental health and
developmental disabilities program director, meet the standards
established by rule of the division and be approved by the
governing body before assuming the authority granted under this
section.
' (5) The costs of transporting a person as authorized under
ORS 426.060, 426.228 or 426.235 by a person authorized under
subsection (3) of this section shall be the responsibility of the
county whose peace officer or community mental health and
developmental disabilities program director directs the
authorized person to take custody of a person and to transport
the person to a facility approved by the division, but the county
shall not be responsible for costs that exceed the amount
provided by the state for that transportation. A person
authorized to act under subsection (3) of this section shall
charge the cost of emergency medical transportation to, and
collect that cost from, the person, third party payers or
otherwise legally responsible persons or agencies in the same
manner that costs for the transportation of other persons are
charged and collected.'.
In line 27, delete '5' and insert '6'.
After line 30, insert:
' (3) The amendments to ORS 426.233 by section 5 of this 2001
Act apply to actions taken by a community mental health and
developmental disabilities program director or designee thereof
on or after the effective date of this 2001 Act.'.
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